Biodiesel industry statement on Supreme Court RFS2 decision

By National Biodiesel Board | November 07, 2011

The National Biodiesel Board released the following statement Monday after the U.S. Supreme Court announced that it has rejected a petition from the National Petrochemical and Refiners Association and the American Petroleum Institute challenging the U.S. EPA's renewable fuel standard.

“The RFS program is working just as Congress intended,” said Anne Steckel, NBB's vice president of federal affairs. “It's creating jobs across the country. It's breaking our addiction to oil. It's helping clean our air, and it's reducing greenhouse gases. This year alone, the biodiesel industry is on pace to produce at least 800 million gallons of advanced biofuel while supporting more than 31,000 jobs. We're pleased to see the Supreme Court put an end to this litigation as we continue building a strong U.S. biodiesel industry.”

Case Background:

NPRA's and API's petition challenging the RFS2 regulations was initially rejected on Dec. 21, 2010, in a unanimous decision by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit).

On Feb. 3, NPRA and API filed a petition in the D.C. Circuit requesting an En Banc Rehearing of the litigation. In general, a petition for an En Banc Rehearing is a request for all the judges that comprise the D.C. Circuit to review a matter previously decided by a three-judge panel of the Court. On April 22, the Court rejected a request for an En Banc Rehearing of the RFS2 litigation filed by the National Petrochemical and Refiners Association NPRA and the API.

NPRA and API filed their petition for a writ of certiorari with the Supreme Court on July 22. 


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